DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catholic Commission for Employment Relations
(AG2020/2665)

SUPPORT STAFF (DARAMALAN COLLEGE, MARIST COLLEGE CANBERRA, AND ST EDMUND’S COLLEGE, CANBERRA) MULTI-ENTERPRISE AGREEMENT 2019-2023

Educational services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 1 OCTOBER 2020

Application for approval of the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2019-2023.

[1] An application has been made for the approval of an enterprise agreement known as the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] Taking into account the factors in s.186(3) and s.186(3A), I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[3] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Independent Education Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 8 October 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Catholic Commission for Employment Relations sought approval for the Support Staff (Daramalan College, Marist College Canberra, and St Edmund’s College, Canberra) Multi-Enterprise Agreement 2019-2023. The application was brought under the Fair Work Act 2009, specifically Section 232, which empowers the Fair Work Commission to approve multi-enterprise agreements. The dispute centred on the terms of the proposed agreement and whether it met the legislative criteria for approval.

The primary legal issue before the court was whether the multi-enterprise agreement complied with the Fair Work Act 2009. This involved assessing whether the agreement contained terms that were fair and reasonable, met the coverage test, and included provisions for minimum entitlements. Additionally, the court had to determine if the agreement was genuinely negotiated between the employer and the employee representatives, and whether it complied with the procedural fairness requirements.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. It was determined to be fair and reasonable, covering a sufficient number of employees to justify its multi-enterprise status. The Commission also found that the agreement contained all required minimum entitlements and that the negotiation process was genuine and procedurally fair. Given these findings, the Commission approved the agreement under the Fair Work Act 2009.

Catholic Commission for Employment Relations

DECISION

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